Richard Bruton (Dublin North Central, Fine Gael)

The Senator must bear in mind that the Duffy-Walsh review recommended that the JLC system be radically reformed. The authors cited the need to adjust to the changes in the economy and the pressures that exist. They also openly acknowledged that the rules in respect of Sunday working were unduly burdensome, particularly in sectors in which Sunday is a normal working day.

We must recall that the development of the original JLC machinery pre-dated the introduction of many of the rights that are now in existence. We have the Sunday working provisions in the Organisation of Working Time Act, which provides a set of premia that must be paid or recognition that must be given to working on Sundays. That applies universally. That legislation was not in place when the JLC system was put in place. The JLC system created some very anomalous situations where, for example, for a person working in a grocery store, there was one way of handling working on Sunday but for another person working in a book store across the road, there was a different set of rules. If an employer was running a pub and decided to make food available on a Sunday, he or she would suddenly have to introduce premia for all of the work force, just to provide a service designed to generate more activity and business.

We have done this to allow the system to be responsive to new opportunities. It is reasonable that we would not have two statutory ways of dealing with Sundays in different codes. That is the background to this. It is a reasonable approach. Under the Organisation of Working Time Act, people have the right to various options. It can be a premium, as was the provision in various orders, or alternatively, a higher rate can apply to everyone working, to take account of the fact that an employee might have to work on a Sunday, even if he or she is not rostered to do so in a particular week.

Many organisations have preferred the flexibility, which often suits workers as well. For example, even if they happen to be scheduled on the Sunday that they would get paid extra but if they do not, they rather the higher rate. This is giving the flexibility of the organisation of working time to deal with Sundays in different ways depending on what is negotiated at local level. That is the background. I know Senator Cullinane does not agree with the measure but it is something we believe is appropriate and I cannot accept the amendment.